DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
Claims 1-14 are currently pending.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-4, 6-8 & 11-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Thielen (US 2017/0162862 A1).
Regarding claims 1-4, 6-8 & 11-14, Thielen teaches an all-solid-state battery ([0171]) comprising: a positive electrode comprising a dry mixing product ([0153] & [0185]) of a positive electrode active material ([0020]); a perfluorinated ionomer comprising lithium substituted sulfonate represented by formula 1 such as a lithium-ion exchanged Nafion ([0082]); a solid electrolyte comprising a lithium argyrodite such as Li6PS5Cl ([0062] & [0067]-[0080]); and a conductive carbon comprising carbon black ([0081]); a negative electrode comprising lithium metal ([0172]); and a solid electrolyte layer comprising Li6PS5Cl interposed between the positive electrode and the negative electrode ([0163]).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Thielen (US 2017/0162862 A1) in view of Fanous (US 2017/0207448 A1).
Regarding claims 9-10, Thielen teaches the positive electrode of claim 1 but is silent as to the wt% content of the components of the positive electrode being as presently claimed in claims 9-10. Fanous teaches a positive electrode comprising a dry mixing product ([0422]-[0423]) of a positive electrode active material ([0014]; a perfluorinated ionomer comprising lithium substituted sulfonate represented by formula 1 such as a lithium-ion exchanged Nafion ([0107]-[0108]); a solid electrolyte comprising a lithium argyrodite such as Li6PS5Cl ([0062] & [0096]-[0106]); and a conductive carbon comprising carbon black ([0408]); wherein the positive electrode active material is contained in an amount of 60 wt% to 70 wt%, the solid electrolyte is contained in an amount of 14 wt% to 27 wt%, the perfluorinated ionomer is contained in an amount of 2 wt% to 9 wt%; and the conductive carbon is contained in an amount of 5 wt% to 10 wt% ([0407]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to set a content of the positive electrode active material, the solid electrolyte, the perfluorinated ionomer, and the conductive carbon to the ranges disclosed in above as a suitable composition for forming a positive electrode as taught by Fanous.
Claims 1-8 & 11-14 are rejected under 35 U.S.C. 103 as being unpatentable over Chmiola (US 2020/0067128 A1).
Regarding claims 1-8 & 11-14, Chmiola teaches an all-solid-state battery (figs. 2 & 4; [0066]) comprising: a positive electrode comprising a positive electrode active material such as NMC (i.e lithium nickel cobalt manganese oxide) ([0101]); a perfluorinated ionomer comprising lithium substituted sulfonate represented by formula 1 such as a lithium-ion exchanged Nafion ([0150]-[0151]); a solid electrolyte which can comprise sulfides such as Li10GeP2S12 ([0066] & [0072]); and a conductive carbon comprising carbon black ([0113]-[0114]); a negative electrode comprising lithium metal ([0101]); and a solid electrolyte layer (i.e dense electrolyte separator) which can comprise Li10GeP2S12 interposed between the positive electrode and the negative electrode (fig. 4; [0144]-[0148]).
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHANAEL T ZEMUI whose telephone number is (571)272-4894. The examiner can normally be reached M-F 8am-5pm (EST).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, BARBARA GILLIAM can be reached at (571)272-1330. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/NATHANAEL T ZEMUI/Examiner, Art Unit 1727
Prosecution Insights